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Mail & Guardian
13-05-2025
- Politics
- Mail & Guardian
Mbenenge tribunal postponed as lawyers argue relevance of gender expert
Eastern Cape Judge President Selby Mbenenge. (Nelius Rademan/ Foto24/Gallo Images) The tribunal hearing on the Mbenenge was due to take the stand this week before the Judicial Conduct Tribunal to help determine whether he is guilty of gross misconduct as a high ranking judicial official. In the matter being heard before Judge Bernard Ngoepe, lawyers could not agree on whether gender expert Lisa Vetten should testify at this stage of the inquiry. After a brief debate Ngoepe decided to allow Vetten to testify, although evidence leader Salome Scheepers admitted she had not received a summary report from the expert for the respondent to prepare. Ngoepe said he would allow all sides to be heard even though it might take more time than initially expected. 'We are of the view that, rather err on the side of caution; rather allow evidence even though there's argument about its relevance, allow it nevertheless to be given,' he said. After extended discussions in Ngoepe's chambers on whether Mbenenge's counsel would still call him to the witness stand, the postponement was announced. Chris Oxtoby, a research consultant for Freedom Under Law, said Vetten's evidence would be relevant to ' He told the Mail and Guardian that 'It seems probable that he will argue that his interactions with the complainant were consensual. It also appears that he will deny some of the events, such as the allegation that he exposed himself to the complainant, and also that Muzi Sikhakhane, SC, for Mbenenge, had argued during the first sitting of the tribunal in January that Mengo In his ruling Ngoepe said he would allow Vetten to testify because he was confident that if the testimony proved irrelevant, Mbenenge's counsel would deal with it accordingly. Sanja Bornman, a gender law and policy specialist at Thusa Consulting, said the tribunal has been lengthy and 'very formal with an atmosphere not always conducive to best evidence in sensitive cases like sexual harassment'. Bornman told the M&G that sexual harassment is not an ordinary misconduct and to create 'a truly victim-friendly process that permits innovative protective measures for a complainant' may require an amendment of the rules. 'We have heard much about the power dynamics at play in this matter, and it is in the interest of justice to fully explore the socio-cultural and other factors that inform a person's power and ability to consent, or not, to sexual intimacy in a workplace context,' she said. Oxtoby noted that although the case sets an important example that complaints of misconduct will be taken seriously, even if found guilty this did not necessarily mean Mbenenge would be impeached. Bornman said although the tribunal will not create legal precedent as such, its findings will send an important message to the legal profession, the judiciary in particular, and the public at large. 'Whatever that message turns out to be remains to be seen, and it will undoubtedly be the subject of analysis for a long time to come,' she said.
News24
13-05-2025
- Politics
- News24
Mbenenge Tribunal rules gender expert can testify – despite Judge President's objections
Retired Judge President Bernard Ngoepe has ruled that gender expert Dr Lisa Vetten can testify before the Judicial Service Commission (JSC) Tribunal investigating sexual harassment accusations against Eastern Cape Judge President Selby Mbenenge, despite his objections. Although Mbenenge's advocate, Muzi Sikhakhane, questioned the relevance of Vetten's testimony in determining the truth of High Court secretary Andiswa Mengo's accusations against the Judge President, the tribunal chairperson, Ngoepe, ruled on Tuesday that such relevance could be determined after her evidence. It was the tribunal's view that it was 'better to err on the side of caution' in that respect, he said. The hearing adjourned to allow evidence leader Salome Scheepers and the lawyers representing Mengo and Mbenenge to agree on how the tribunal should proceed.
Daily Maverick
11-05-2025
- Business
- Daily Maverick
Nonprofits face crisis as Gauteng Department of Social Development delays funding for third consecutive year
Gauteng's nonprofit sector is grappling with significant financial strain as funding from the Gauteng Department of Social Development has been delayed for the third consecutive year. With no payments since Tuesday, 1 April, many organisations are relying on community donations and depleting reserves to continue services for vulnerable populations. Without timely funding, many fear an imminent collapse of critical services in the provinces that are most vulnerable. Hundreds of Gauteng nonprofit organisations (NPOs) are grappling with severe financial strain as the provincial Department of Social Development fails for the third consecutive year to deliver funding on time. Since Tuesday, 1 April 2025, many NPOs have been operating without subsidies, leaving them unable to pay staff, plan services, or meet the basic needs of vulnerable beneficiaries. The Gauteng Care Crisis Committee, a coalition of affected NPOs, has condemned the department's continued non-compliance with its own funding policies. The committee warns that unless urgent action is taken, the province's most essential social services — including care for persons with disabilities, survivors of gender-based violence, children, and the elderly — could grind to a halt. Under the national Sector Funding Policy, renewal contracts should be signed two months before the previous financial year ends on 31 March. However, most organisations only received award letters on 31 March, many without specified funding amounts, and some are still waiting for contracts. A Gauteng Care Crisis Committee survey of 105 member organisations revealed that: 51 received contracts for all services but have not been paid 29 received only partial contracts 25 have received no decision at all on their applications Since organisations often run multiple programmes, the real number of affected services is significantly higher. Adding to the uncertainty, contracts worth more than R5-million have been stalled, awaiting approval from the department's head of department. Lisa Vetten, the chairperson of the Gauteng Care Crisis Committee, pointed to recurring systemic issues over three years, particularly broken promises from the department regarding funding delays and Service Level Agreement compliance. 'There's clearly issues about senior leadership here. There are questions here about senior leadership, it has clearly not stabilised. The former MEC, she's been removed, but obviously the problem runs deeper than that, and we also see non-compliance with policy from the department,' she said. Running on donations Aileen Langley from Epilepsy SA Gauteng, the only national non-profit organisation in South Africa dedicated exclusively to providing specialised and comprehensive support to individuals with epilepsy and other disabilities, explained the significant financial strain they were under. 'The biggest impact is on our residential care and our protective workshops. We feed 300 people daily and we are currently relying on donations from the community of Springs, who have been absolutely great,' she said. Langley added that the reality was that this scale of support was hard to sustain without consistent funding, and that at the end of April the organisation could only afford to pay staff half of their salaries. She pointed to administrative delays, explaining that their regional office didn't have any information and that they'd done their part in ensuring service level agreements were prepared. 'I think the problem with payment lies with the provincial office. For our residential programmes we haven't even received the service level agreement because it must be signed by the HOD due to the budget amount,' she said. This bureaucratic bottleneck leaves them with no clarity on when they might receive funds, and the organisation has already received a notice warning that their electricity could be cut. Langley expressed fear of a repeat of last year, when the organisation was only paid in the last month of the first quarter. While she praised her committed team, she noted that this was not an ideal situation for any of the 46 staff members. 'People tend to think that it's a hobby for them, but they're all breadwinners, some are single parents with several children. This is actually a government responsibility to look after vulnerable people. NPOs have been doing this work since before government services even existed during the previous regime and into the current one, because they saw a need in communities,' she said. Momentum killed by delays Nhlanhla Zwane, from the African Youth Development Forum, an organisation that supports young people through development programmes and substance abuse prevention initiatives, expressed deep concern over the ongoing delays in funding. 'The biggest concern for us is the uncertainty. We are now in the second month of the financial year. The MEC handed out letters in March saying payment would be made on Tuesday, 15 April, but we didn't receive any funding then. Another date was given after that, and it was also delayed,' said Zwane. While they had received a letter confirming they would be funded, there was still no official service level agreement in place. 'Given the turbulence of the last couple of years, we don't even know if we're getting the same amount of funding, and now there's uncertainty for our 60 staff members because we renew contracts yearly. If we keep the full team and funding is cut, we'll have to let some people go, and we need to give them fair notice,' he said. In addition to staffing, the organisation also faces fixed costs like rent and overheads, and has already spent its reserves in April to stay afloat. Zwane also raised serious concerns about the disruption in programme implementation caused by the funding delays. 'When you implement these programmes, it's about momentum. When we start in January, by now we've built momentum, but stopping in March because of lack of funding kills that momentum,' he said. Not charity, but a constitutional duty Vetten raised serious concerns about the structural power imbalance between the Department of Social Development and NPOs, explaining that the financial dependency allowed for a range of abuses to take place. One current example, she said, involved department-funded vehicles. In some cases, the department had issued directives claiming the right to use vehicles purchased for NPOs and had expected those organisations to transport officials without compensation. Even more alarming, Vetten said, was the legal risk being imposed on NPO leaders, with directors and board members expected to assume full personal liability for anything that might happen to the vehicle. 'Some organisations refused to sign the agreement in full, instead submitting declarations that they were signing under duress… but it is happening. I have voice notes from officials to this effect saying, 'Sign this or you will not get funded.' It's that simple.' Vetten referenced a landmark Free State court case that confirmed that when the Department of Social Development funded NPOs, it was fulfilling state obligations under Sections 27 and 28 of the Constitution, guaranteeing social protection and children's rights. 'NPOs get subsidised in exactly the same way that the government subsidises schools and universities. They are helping the state meet constitutional obligations; it is exactly the same principle,' she said. When the department cut or delayed funding without providing alternative services, it wasn't just an administrative failure, it was a violation of rights. Such inaction amounted to a regressive realisation of constitutional rights, rather than their progressive expansion. 'The Department of Social Development is not doing organisations a favour. When the department presents statistics for its work and the targets it's met, that's not actually their work that they're reporting on. They're reporting on the work that NPOs have done, and that gets lost in much of the annual reports,' said Vetten. 'It is not the NGO that has the right to the funds, vulnerable people are entitled to those funds in terms of the Constitution. The NGO is the vehicle by which the right is delivered. Organisations need money in order to deliver and realise a right on behalf of the government.' At time of publication, the Gauteng Department of Social Development has not responded to requests for comment. This article will be updated when a response is received. DM
Eyewitness News
10-05-2025
- Business
- Eyewitness News
GP Social Development fails to meet NPO funding deadlines for third consecutive year - Gauteng Care Crisis Committee
JOHANNESBURG - The Gauteng Care Crisis Committee, which represents some NPOs (non-profit organisations) has called for full transparency on the funding process from the provincial social development department. The department failed to meet its funding deadline for a third consecutive year. ALSO READ: The committee represents 105 NPOs, some of which have not received contracts, while those who have signed contracts have not received payments. Committee chair Lisa Vetten says the department needs to open up about its processes. "The first is that we call on the department to issue a comprehensive data base of each and every organisation that has been given a contract whether or not they have been paid and when they will be paid, with this data base also stating who is not going to be funded." NPO on brink of shutting doors An Ekurhuleni-based skills training facility for the homeless and recovering substance abusers is on the verge of closing because of delayed funding from the Gauteng social development department. The facility asked not to be named for fear of victimisation, saying it has been waiting for a contract since January this year. DA shadow MEC for social development Refiloe Nt'sekhe says the facility received a recognition letter from the department but not a contract for funding. The DA has also written to the Public Protector and Auditor-General (AG) to investigate the late payments to non-profit organisations. "NPOs are now starting to struggle to pay salaries, there are training facilities that are funded by social development where people would have started training in April and those learners have forfeited training because there's no money for the fees," says Nt'sekhe. In its letters, the DA says the department failed to implement recommendations by the AG for the 2023/2024 financial year to meet deadlines for signing contracts with the NPOs. The party says its concerned that even prior to this, the AG made recommendations to the department from 2018 to 2021 about funding processes which were also not implemented. For this reason, the party says it has now also approached the Public Protector to ensure the department obliges. "I made a promise to South Africans that I'm going to fight with the department when they do not meet this objective by the end of April and indeed they have not met it," said Nt'sekhe.
